Legal Opinion

Tko Equipment Company, Plaintiff-Appellee/cross-Appellant v. C & G Coal Company, Inc., and Whayne Supply Company, Defendant-Appellant/cross-Appellee

Court of Appeals for the Seventh Circuit

Decided December 23, 1988No. 88-1222, 88-1311PublishedCited by 20 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

C & G Coal Co. either leased or bought two earthmovers from TKO Equipment Co. If C & G leased them, then Whayne Supply Co. owns them today; if C & G bought them, then TKO owns them. If this were not confusing enough, the parties disavow their own documents. TKO, which drew up a lease proclaiming that it was not retaining a security interest (“LESSEE and LESSOR hereby agree that this transaction is an equipment lease and not a sale or other secured transaction”), promptly filed in the right place for notices under the Uniform Commercial Code a declaration that it had…

2Cases cited10 opinions

United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
Skycom Corporation and Gerald M. Walters v. Telstar CorporationCourt of Appeals for the Seventh Circuit · 1987
In the Matter of Marhoefer Packing Company, Inc., Bankrupt, Appeal of Robert Reiser & Company, Inc., CreditorCourt of Appeals for the Seventh Circuit · 1982
Alex Kush v. American States Insurance Co.Court of Appeals for the Seventh Circuit · 1988
Rempa v. LaPorte Production Credit Ass'nIndiana Court of Appeals · 1983

5 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

Miller UK Ltd. v. Caterpillar, Inc.District Court, N.D. Illinois · 2014
In Re Keith Alan Powers, Debtor. Keith Alan Powers v. Royce Inc., D/B/A Royce RentalsCourt of Appeals for the Seventh Circuit · 1993
Cabantac v. HolderCourt of Appeals for the Ninth Circuit · 2012
In Re DotyUnited States Bankruptcy Court, N.D. Indiana · 1991
Banterra Bank v. Subway Equipment Leasing Corp. (In Re Taylor)United States Bankruptcy Court, S.D. Illinois · 1997

15 more not listed; retrieve them via the Exa API.